The crime of false litigation refers to the behavior of natural persons or entities filing civil lawsuits based on fabricated facts, obstructing judicial order or seriously infringing on the legitimate rights and interests of others. What are false lawsuits? How to identify false lawsuits? The criminal lawyer below will give you a detailed introduction. Welcome to read.

1. What is the crime of false litigation and what is false litigation? False litigation is a legal term, commonly known as "anti-false litigation". It refers to the malicious collusion of both parties in a civil lawsuit to file a lawsuit in court by fabricating facts and fabricating evidence. Litigation, deceiving the court to make wrong judgments and executions to obtain illegal benefits. (1) According to the provisions of relevant laws and judicial interpretations, if a party uses means such as forging evidence, making false statements, etc. to perform one of the following acts, fabricate civil legal relationships, fabricate civil disputes, and file a civil lawsuit in the People's Court, it is a false litigation act: 1. Maliciously collude with one spouse to fabricate the joint debt of the couple; 2. Maliciously collude with others to fabricate creditor-debt relationships and debt-in-kind agreements; 3. Maliciously collude with the legal representative or actual controller, director, or director of a company or enterprise Supervisors, managers or other management personnel maliciously collude to fabricate company or enterprise debts or guarantee obligations; 4. Fabricate intellectual property infringement relationships or unfair competition relationships; 5. Declare fabricated claims during the trial of bankruptcy cases; 6. Concern with the person being executed Malicious collusion with others to fabricate creditor's rights or priority or security rights to seized, seized or frozen property; 7. Under the guise of private lending, induce or force others to sign "loan" or disguised "loan", "mortgage" or "guarantee" and other related agreements, forming false claims and debts by falsely increasing the loan amount, maliciously creating breach of contract, arbitrarily identifying breach of contract, destroying and concealing evidence of repayment; 8. Applying to the People's Court to enforce arbitration awards and notarized creditor's rights documents based on fabricated facts, Or during the civil execution process, they raise objections to the execution subject matter and apply to participate in the distribution of execution property on the basis of fabricated facts. (2) In judicial practice, the following behaviors should also be recognized as false litigation: 1. During the case filing process, defrauding the court into filing a case or seeking other illegal benefits by fabricating party information or colluding with others to fabricate party information; 2. Fabricating, Forging lease agreements and fictitious claims and debts; 3. Concealing the fact that the debt has been fully or partially paid off, but still filing a civil lawsuit with the People's Court to require others to perform their debts; 4. During the process of land and house demolition, resettlement and compensation, fabricating identity relationships to file for separation Litigation activities such as property analysis, inheritance, and house sales contracts; 5. Applying to the People's Court for a payment order based on false creditor-debtor relationships; 6. Unilaterally or in malicious collusion with others, making false statements, forging, altering, concealing, destroying evidence, or instigating , bribery, coercing others to give perjury, etc.; 7. Other acts of unilaterally or maliciously colluding with others to fabricate identity, contract, infringement, inheritance and other civil legal relationships.

2. Which cases are prone to false lawsuits? 1. Private lending cases; 2. The defendant is an insolvent enterprise or other organization, and its property has entered the court for auction; 3. State-owned enterprises undergoing restructuring , property dispute cases in which a collective enterprise is the defendant; 4. Cases of family division, inheritance, sale, etc. in which citizens within the government-planned demolition area are the subject of litigation; 5. In the period before the filing of divorce proceedings, one of the husband or wife goes through the court Divorce cases involving an unusually large number of debt cases; 6. Cases involving the recognition of well-known trademarks; 7. Other suspicious cases.

3. How to identify false litigation? 1. "Check": Investigate whether the plaintiff and defendant are related or have other close relationships, whether the facts and reasons for the lawsuit are obviously unreasonable, whether the evidence is obviously falsified, etc.; 2. "Listen" ”: Participate in or observe the court hearing to confirm the court proceedings. The plaintiff and defendant will worry about omissions and mistakes during the trial, and generally do not appear in court in person for litigation. Their attorneys will appear in court to respond, and the defendant hardly makes any defense. It is a very "harmonious" court process; Three "Looks": False Litigation Cases The ultimate goal is to evade debts and transfer assets, so such cases are generally settled through mediation. The two parties often show that "one is willing to fight and the other is willing to endure", and a settlement is quickly reached and the property is executed.

4. How to combat false litigation? Since the official implementation of the Criminal Law Amendment (9) on November 1, 2015, false litigation can be held criminally responsible for the crime of false litigation. According to Article 307 of the Criminal Law, the crime of false litigation refers to the act of filing a civil lawsuit on the basis of fabricated facts, obstructing judicial order or seriously infringing upon the legitimate rights and interests of others. 1. Only "if a civil lawsuit is filed based on fabricated facts", it is possible to constitute the crime of false litigation. "Fabrication" refers to fabrication out of thin air. If the facts of the dispute exist objectively, but only exaggerating or fabricating non-key parts of the facts or abusing litigation rights to maliciously litigate, it will not constitute this crime. Secondly, it must be a fact in the field of civil litigation. If the facts are fabricated in the field of criminal litigation and others are subject to criminal prosecution, it can be punished as a crime of false accusation and frame-up. 2. The conduct of false litigation must also result in "obstruction of judicial order or serious infringement of the legitimate rights and interests of others" to constitute a crime. "Obstructing judicial order" mainly refers to the fact that judicial organs have consumed a large amount of judicial resources in multiple trials, investigations and evidence collection, or that the court has made erroneous judgments and executions as a result. "Serious infringement of the legitimate rights and interests of others" refers to situations that cause the other party or interested parties to spend unnecessary expenses in response to the lawsuit, such as litigation fees, attorney fees, appraisal fees, travel expenses, etc., or cause production and business difficulties for the above-mentioned personnel. 3. Carrying out false litigation, and "illegally possessing other people's property or evading legal debts, and constituting other crimes, shall be severely punished in accordance with the provisions of heavier penalties." The so-called "other crimes" mainly refer to the crime of fraud, official duties Crimes against property such as embezzlement and corruption.